Trust can’t admit students from this academic year: Madras high court
Chennai: The Madras high court has restrained Devi Karumariamman Educational Trust from admitting students in colleges, run by it, from the academic year 2019-2020.
Justice S.Vaidyanathan also directed the Anna University to take steps to disaffiliate the colleges of Devi Karumariamman Educational Trust.
The judge ordered notice to Anna University and Devi Karumariamman Educational Trust and posted to June 7, further hearing of a petition filed by Maximum ARC Ltd. "Since Devi Karumariamman Educational Trust has consented to clear the entire dues, it is open to the petitioner to consider the said request", the judge added.
The judge said, "Considering the totality of the circumstances, this court is of the view that if the trust is permitted to admit students for the academic year 2019-2020, the future of the students will definitely be in peril and they will be let down. Moreover, this court do not want the students to again knock at the doors of this court, seeking admission in different colleges, as in the case of the previous batch of students. Therefore, in the interest of the students, more particularly the students, there shall be an order of interim injunction, restraining Devi Karumariamman Educational Trust from admitting students from the academic year 2019-2020".
It was the case of the petitioner that the Devi Karumariamman Educational Trust was running Annai Medical College affiliated to Dr.MGR Medical University and Arignar Anna Institute of Engineering and Technology and Arignar Anna Institute of Management Studies and Computer Applications, affiliated to the Anna University. The trust having availed various loans from the Central Bank of India and Bank of India and having stepped into the shoes of the bank, has been taking steps to auction its moveable and immovable properties and since the petitioner had acquired the debt of the trust from the Bank of India vide assignment agreement, the trust should not be allowed to admit students, as the same will create chaos and confusion in the minds of the students, the petitioner added.
The judge said it was brought to the attention of this court by the petitioner that taking note of the plight of the students, some of the students have been directed to be admitted in different colleges, on the basis of the orders of this court dated December 22, 2017, and that the contention of the trust that they were willing to pay the balance amount, can only be taken as a statement made in the air and written on the water. The judge said from the pleadings put forth on either side, it could be seen that pursuant to non-repayment of loans by the trust for years together availed from various banks, SARFAESI ( Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002) proceedings have been initiated against the Trust and the interim order passed by the Debts Recovery Tribunal has not been complied with. "It is needless to mention here that the Devi Karumariamman Educational Trust being a religious educational trust, is expected to not only give quality educati
on, but also preach moral values of life to its students. But to the contrary, there is a continuous default in repayment of loans, that the interim order of the Tribunal has not been complied with and that there is already an order of this court as early as on December 22, 2017", the judge added.
